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AP GOVERNMENT Civil Liberties

Terms in this set (50)

Assemble
To gather with one another in order to express views on public matters; source of freedom of association.
Bill of Rights
The first ten amendments to the Constitution
Civil Liberties
The guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion
Civil Rights
A term used for those positive acts of government that seek to make constitutional guarantees a reality for all people (prohibitions of discrimination)
Content Neutral
The government may not regulate assemblies on the basic on what might be said; regulation may only be based on "time, place, and manner."
Due Process Clause
The government must act fairly and in accord with established rules in all that it does; included in 5th and 14th Amendments.
Establishment Clause
Separates church and state; 1st Amendment
Free Exercise Clause
The second part of the constitutional guarantee of religious freedom, which guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion; 1st Amendment
Libel
False and malicious use to PRINTED words; not protected speech
Prior Restraint
The government cannot curb ideas before they are expressed; addressed in Schenck case; a form of censorship ; SCOTUS usually decides against it
Process of Incorporation
The process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause
Right of Association
The right to associate with others to promote political, economic, and other social causes; implied by assembly clause of 1st Amendment
Sedition
The crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts
Slander
False and malicious use of SPOKEN words; not protected speech
Symbolic Speech
Expression by conduct; communicating ideas through facial expressions, body language, or by carrying a sign or wearing an arm band
14th Amendment
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."
Barron v. Baltimore
SCOTUS decision that stated that the BofR only restrained the national government
Gitlow v. New York
SCOTUS decision began selective incorporation by applying 1st Amendment protections through the 14th Amendment
selective incorporation doctrine
legal concept under which SCOTUS has nationalized the BofR by making most of its provisions applicable to the states through the 14th Amendment, one case at a time
Lemon v. Kurtzman
established a test determine if state aid to parochial schools is legal ; 1: law must serve a secular purpose; 2: neither advances nor inhibits religion; 3: no excessive entanglement with religion
Engel v. Vitale
state-sponsored prayer in NY public schools violated the Establishment Clause of the 1st Amendment
Near v. Minnesota
SCOTUS rules against prior restraint
Schenck v. US
govt may limit speech if it poses a "clear and present danger" to national security
shield law
state laws that protect reporters in shielding their confidential sources
Miller v. California
established a 3 part test to determine if materials are obscene; usually applied by local governments
symbolic speech
expression by conduct
commercial speech
advertising; regulated by the FTC
probable cause
a good reason to conduct a search
exclusionary rule
evidence taken in an illegal search may not be used in court
Miranda v. Arizona
police must inform suspects of their constitutional rights to keep silent and have an legal counsel prior to questioning
Gideon v. Wainwright
SCOTUS decision that gave defendants the right to an attorney in state courts
Furman v. Georgia
ruled that application of the death penalty at the time was "cruel and unusual"
Gregg v. Georgia
"reinstated" the death penalty with new provisions
Roe v. Wade
SCOTUS decides on abortion rights for the first time; in recent years it has moved away from calling it an absolute right; states may establish some restrictions
1st Amendment
freedom of speech, press, religion, petition, and assembly
4th Amendment
no unreasonable search and seizure
5th Amendment
no self-incrimination, right to due process
6th Amendment
right to a speedy and public trial by jury; right to an attorney
8th Amendment
no cruel and unusual punishment; no excessive bail or fines
Texas v. Johnson
a TX law that banned flag-burning was ruled an unconstitutional violation of 1st Amendment free speech protection
Mapp v. Ohio (1961)
Established exclusionary rule; illegally obtained evidence cannot be used in court; use of 4th Amendment & search/seizure.
Tinker v. Des Moines
public school students used black armbands to protest the Vietnam War and were punished by the school; SCOTUS ruled that the armbands were protected symbolic speech
Griswold v. Connecticut
in this case supporting a right to birth control, the Court establishes privacy rights.
right to privacy
implied by 1st, 3rd, 4th, 5th, and 9th Amendments
Establishment Clause
"Congress shall make no law..." that favors one religion or that promotes religion
Free Excercise Clause
The government will no interfere with the practice of religion
1925
The year the 1st right was incorporated to apply to the states also.
1791
The year the Bill of Rights were ratified and became part of the Constitution.
9th Amendment
There are other rights to the people of the US that aren't written down.
10th
States Rights!!
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